Terms and conditions of sale

PREAMBLE

These General Terms and Conditions of Sale (hereinafter the «GTC») govern the «event entertainment services» offered by the company Public Anim, Société par Actions Simplifiée Unipersonnelle with a capital of 3,000 euros, registered in the Pontoise Trade and Companies Register under number 934 124 074, whose head office is located at 2 rue du Vieux Colombier, 95650 Montgeroult, represented by Mr Dominique LOWE, in its capacity as Chairman, hereinafter referred to as «Public Anim» or the «Provider».

All orders imply full acceptance of these General Terms and Conditions, to the exclusion of any other document issued by the Customer, except with the prior written agreement of the Service Provider. The signing of any quotation or order confirmation implies full acceptance of these GTS.

The fact that Public Anim does not avail itself at a given time of one of the clauses of the present GTC shall not be interpreted as a waiver of its right to do so at a later date.

Article 1 - Scope of application

These General Terms and Conditions apply to all services provided by Public Anim to professional customers, local authorities and associations, excluding individual consumers.

Article 2 - Quotations and contracts

All Public Anim services are subject to a written quotation specifying the nature of the event, the technical conditions, the date of the event and the price. The quotation, duly dated, signed and returned by the Customer is a firm and definitive order and acts as contract.

Article 3 - Booking the service

The reservation is considered validated only after :

1. Return of signed quotation
2. Written agreement from the Service Provider
3. And a deposit may be required if specified in the quotation.

Any additions or changes made after signature will be subject to a tariffed rider.

Article 4 - Obligations of the Service Provider

Public Anim is committed to :

• Implement the means necessary for the proper execution of the service as defined in the estimate; ;
• Regularly inform the customer of the progress of preparation, if applicable.

Public Anim intervenes as an independent service provider. It remains free choice of animators, subcontractors or technical partners, unless expressly stipulated otherwise.

Article 5 - Customer obligations

The Customer undertakes to :

• Provide all necessary information in a timely manner the proper performance of the service.
• Guaranteeing access to premises, energy sources, administrative or safety authorizations if required.
• Do not intervene directly with service providers or animators of Public Anim without written consent.

Article 6 - Prices and payment terms

Prices are indicated before tax and established in euros.

Unless otherwise stipulated in the quotation :

• A deposit, if any can be requested.
• Visit balance payable on receipt of invoice, after the service has been provided.

All late payment automatically entails :

• The application of late fees at the legal rate provided for in the French Commercial Code,
• And a flat-rate indemnity for collection costs of €40 (art. L441-10 of the French Commercial Code).

Article 7 - Cancellation by the Customer 

In the event of cancellation by the customer, the following amounts are due:

• Less than 10 days before the date of the event 100 % of the total amount of the service,
• Between 11 and 30 days 75 % of the total amount,
• Between 31 days and 6 months 50 % of the total amount,
• More than 6 months before no deferment request possible, the contract is terminated without refund of any deposit.

Any absence of the customer on the D-day or any voluntary interruption during the service will result in full invoicing.

Article 8 - Cancellation by Public Anim / Force majeure

Public Anim may cancel or postpone the service in the event of :

• From force majeure (strike, illness of the instructor, accident, disaster, impossibility of access to the site, danger to people or equipment...).
• Or in case of proven threat to the physical integrity of its personnel or equipment.

In this case :

• The sums paid will be reimbursed after deduction of expenses already incurred (transport, accommodation, external service providers, etc.) ;
• No other compensation may be claimed.

Article 9 - Provision of equipment

When Public Anim provides event equipment, in particular sound equipment, a wheel of fortune or any other equipment described in the quote, it remains the property of Public Anim. Any handling of the equipment other than in accordance with the instructions provided, or any unauthorized intervention, shall incur the Customer's liability.

Article 10 - Liability and insurance

The Customer is responsible for damage caused by itself, its participants or its installations during the performance.

He declares that he has a valid third-party liability insurance.

Public Anim cannot be held responsible:

• From theft, loss or damage to property ;
• From consequential damages (loss of image, loss of sales...) ;
• Injuries, accidents or bodily harm arising from the use of the equipment by the Customer, its participants or any third party.
• Nor services provided by third-party subcontractors identified in the quotation, who remain liable to the Customer.

Article 11 - Intellectual property & Image rights

The customer authorizes Public Anim to quote its name and use photographs or videos of the event for commercial reference, unless you object in writing before the service.

No transfer of intellectual property rights is granted to the Customer, unless expressly stated.

Article 12 - Personal data (RGPD)

The data collected are strictly necessary to manage the commercial relationship.

They are processed in accordance with Regulation (EU) 2016/679 (RGPD).

The Customer has a right of access, rectification and deletion, by e-mail to dominique@public-anim.com or by post to the head office.

Article 13 - Complaints

All claims must be made by registered mail with return receipt within 8 days depending on the service.

Article 14 - Applicable law and competent court

These General Terms and Conditions are subject to French law. Any dispute relating to their interpretation or performance shall be jurisdiction of the court having jurisdiction over Public Anim's registered office., even in the event of a warranty claim or multiple defendants.